Courtesy copies are required for briefs, exhibits, declarations, affidavits, and appendices. Details: 2 copies, delivery within 24 hours, by hand delivery. Two courtesy copies required for briefs and supporting documents, including sealed papers, by noon next business day.
Yes. A pre-motion letter is required for discovery. Joint letter required for discovery disputes after meet-and-confer
Judge Christopher J. Burke's rule states these limits: 5 pages. Excludes caption, signature blocks, and certificates. Opposition letters for motions to amend must be filed within 7 days and limited to 5 single-spaced pages.
Judge Christopher J. Burke's rule states these limits: 2 pages. Excludes caption, signature blocks, and certificates. Reply letters for motions to amend must be filed within 3 days and limited to 2 single-spaced pages.
Judge Christopher J. Burke's formatting rule includes file format PDF, pdf for static demonstratives, and dvd or cd for video/animations. Demonstratives must be provided in PDF format, except videos/animations which require DVD/CD.
The rule requires proposed order and exhibit list. Proposed order and discovery exhibits required with letter brief
The rule requires blackline comparison and proposed amended pleading. Motions to amend must be accompanied by a 3-page single-spaced letter and proposed amended pleading with blackline comparison.
Parties may contact Judge Christopher J. Burke's chambers by email only as allowed by the rule. The rule lists email Samantha_Miller@ded.uscourts.gov. Joint Claim Construction Chart must be emailed in Word format to chambers at Samantha_Miller@ded.uscourts.gov.
The rule does not state that a motion to seal is required for the covered filing process. Process: file redacted on ecf. Redacted version of sealed documents must be filed electronically within 7 days.
Yes. Judge Christopher J. Burke requires bundling for covered papers. Motions in limine must be bundled into the proposed pretrial order and not filed separately.
Yes. Judge Christopher J. Burke's rules include a junior lawyer participation incentive. Judge encourages newer attorneys to argue motions they contributed to briefing for.
Redacted version of sealed documents must be filed electronically within 7 days.
Transcript sealing/redaction requires motion with highlighted transcript and proposed redacted version.
Two courtesy copies required for briefs and supporting documents, including sealed papers, by noon next business day.
Parties must choose whether to permit expert declarations with motions.
Joint letter required for discovery disputes after meet-and-confer
Motion for teleconference required for discovery disputes
Proposed order and discovery exhibits required with letter brief
Sworn declarations required for disputed factual issues
Courtesy copies required for discovery teleconferences
Opposition letters for motions to amend must be filed within 7 days and limited to 5 single-spaced pages.
Reply letters for motions to amend must be filed within 3 days and limited to 2 single-spaced pages.
Reply letters for motions to strike must be filed within 3 days and limited to 2 single-spaced pages.
Motions to amend must be accompanied by a 3-page single-spaced letter and proposed amended pleading with blackline comparison.
Parties must file Joint Claim Construction Brief by specified date.
Motions to strike must be accompanied by a 3-page single-spaced letter and the document to be stricken.
Motions to stay must be accompanied by a letter (max 3 single-spaced pages) instead of an opening brief.
Moving party may file reply letter (max 2 single-spaced pages) within 3 days, and parties may request teleconference.
Optional tutorial on technology (max 30 minutes) may be submitted with Joint Claim Construction Brief.
Parties may file comments on opposing tutorial (max 5 pages) within 7 days after Joint Claim Construction Brief.
Joint Claim Construction Chart must be emailed to Samantha_Miller@ded.uscourts.gov in Word format.
Joint Claim Construction Brief must combine unfiled briefs with positions on each claim term in sequential order.
Joint Claim Construction Chart must identify disputed terms and include proposed constructions with intrinsic evidence citations only.
Joint Claim Construction Chart must include copies of patents and relied-upon intrinsic record portions.
Joint Claim Construction Chart must not include argument.
Plaintiff must serve (not file) opening brief on claim construction (max 20 pages) by specified date.
Defendant must serve (not file) answering brief on claim construction (max 30 pages) by specified date.
Plaintiff must serve (not file) reply brief on claim construction (max 20 pages) by specified date.
Defendant must serve (not file) sur-reply brief on claim construction (max 10 pages) by specified date.
Materials for appendix must be filed in a joint appendix.
Motion for Claim Construction must be filed with Joint Claim Construction Brief and contain no argument.